Employment Rights Bill Changes

October 2024 saw a new employment bill introduced which makes fundamental changes to what can and cannot be done in terms of your jobs, and future employment. While there were twenty-eight changes across the bill, the most impactful were the changes to workplace discrimination, zero-hours contracts, “fire and rehire” practices, sexual harassment, and statutory sick pay. These changes impact your everyday work-life, and it is important that you understand how these have changed.

Unfair Dismissal Rights from Day One

BEFORE: If you wanted to claim that the reason you were fired was unfair you needed to be employed with the same employer for a minimum period of 23 months and 3 weeks with the same employer to make a claim for unfair dismissal- and not already been served with notice that expires before 2 years employment.

NOW: Employees will be protected from unfair dismissal from the first day of employment, eliminating the current two-year requirement. The government will also consult on a new statutory probation period for assessing new hires, expected to be 9 months. As this is still ongoing, more information about an alternative probation period is set to be revealed in 2025.

If you have been dismissed from your job, here are some tips on helping you find your next job.

 

Exploitative Zero-Hour Contacts

BEFORE: Zero-hours contracts offer flexible working hours. Employees are free to work as much or as little as they want, which is especially beneficial for those with other commitments or responsibilities. However, the unpredictability of zero-hours contracts can make it difficult for employees to plan their lives around work schedules. In addition, employees on zero-hours contracts may not receive the same benefits and rights as those on standard contracts, such as sick pay or maternity leave.

NOW: Employers will be expected to provide guaranteed hours to those who consistently work during a specific period, however, should you choose to, an employee can remain on a zero-hour contract. Employees should also receive reasonable notice regarding shifts, as well as payment for shifts that are cancelled or modified at short notice. Currently, what is considered short notice is undisclosed.

 

Improving Statutory Sick Pay

BEFORE: Before the new proposal, you would be paid Statutory Sick Pay (SSP) all the days you are off sick that you normally would have worked, except for the first three. You will only be paid SSP for the first three working days you are off sick if you received SSP within the last 8 weeks. This must have included a 3-day waiting period before you were paid SSP.

NOW: The Bill proposes removing the current three-day waiting period for sick pay and lowering the earnings threshold so that SSP is available to all employees.

 

BEFORE: Employees can complain about behaviour that they find offensive even if is not directed at them. Employers will be liable for sexual harassment committed by their workers in the course of their employment unless they can show that they took all reasonable steps to prevent the harassment.

 

NOW: Starting 26th October 2024, employers have a proactive duty to take ‘all reasonable steps’ to prevent sexual harassment of their employees. Future regulations are set to define what ‘all reasonable steps will entail. For now, employers will be expected to provide regular training, promote a culture of zero-tolerance, and implement clear policies. Protection against third-party harassment will also be reinstated in the Equality Act 2010 (after its 2013 repeal). Disclosures of sexual harassment will also be treated in line with whistleblowing as ‘protected disclosures.’

Read more about the sexual harassment laws here

 

Prohibiting ‘Fire and Rehire’ Practices

BEFORE: This practice involves employers, who wish to update employees’ contractual terms seeking to dismiss those employees who do not agree to such changes during consultation and offering them new employment in the same roles on the (usually less favourable) new terms.

NOW: It will be automatically unfair to dismiss a worker who is unwilling to accept a change to their employment terms. The option to fire and rehire will remain available in certain circumstances, such as where it is necessary to preserve the viability of a business. However, this should only be a last resort for the business.

Immediate Entitlements for Leave

BEFORE: In some cases, employees had to be under employment at their place of work for a minimum amount of time, determined in their contract, before they received leave from work.

NOW: Workers will be entitled to paternity leave; unpaid parental leave; and bereavement leave from their first day on the job.

If you need more information about your rights regarding annual leave, view our blog here

There is still more information to come from this bill as more gets decided and passed. Should you have any questions, visit www.acas.org.uk for the latest information and updates.